A High Court judge indicated on 26 January 2016 that a second Special Criminal Court is unlikely to commence operations before the end of the current legal term, with sittings expected after Easter. Mr Justice Paul Butler made the remarks during mentions at the Special Criminal Court in Dublin, where trial dates for several cases allegedly involving dissident republican activity were scheduled for November 2017. The judge clarified that the establishment process, including appointment of a registrar and judges, remains under way. He addressed recent media reports suggesting he held pessimistic views about the court's creation, stating those reports mischaracterised comments he had made regarding a specific case involving two Mayo brothers charged with IRA membership and possession of explosives. The Government announced plans for a second court in October 2015 to address case backlogs, with delays of nearly two years reported in trial listings. Lawyers in pending cases may seek earlier trial dates once the new court becomes operational.
The family of Shane Rogers, a 32‑year‑old man charged with the murder of GAA player James Hughes, settled a High Court damages action for €50,000. Rogers was found unconscious in a holding cell beneath Cloverhill Courthouse on 20 December 2011, after being transferred from Cloverhill Prison for a scheduled hearing. He was taken to hospital and died shortly thereafter. The family alleged that the Governor of Cloverhill Prison, the Minister for Justice, Ireland and the Attorney General were negligent and breached duty and the European Convention of Human Rights. They claimed the prison failed to search Rogers for a ligature, did not provide adequate psychological assessment or treatment, and failed to monitor him in solitary confinement or holding cells. The judge, Ms Justice Deidre Murphy, approved the settlement and acknowledged a report by Judge Michael Reily that identified failures in record‑keeping, communication and governance within the prison system.
In a High Court hearing on 25 January 2016, a mother and her two children, whose names are withheld for legal reasons, argued that Kildare County Council's refusal to grant them emergency accommodation was unlawful. The family had been living in private rented accommodation with the mother's former partner until October 2015, after which they stayed with friends and relatives in a temporary arrangement. Despite applying for emergency accommodation on 6, 7 and 8 January, the council rejected their application on 8 January without providing proper reasons. The mother claimed the denial breached the council's accommodation scheme and her constitutional rights, and that the family could not secure alternative housing. She expressed fear that being forced to sleep rough would harm her children and that she was at a "cracking point." The court granted permission to bring the action ex‑parte and made the matter returnable to Thursday, noting the urgency of the case.
In a High Court hearing on 21 January 2016, Mr Justice Paul Gilligan struck out contempt of court proceedings against Ben Gilroy and Dermot Murphy. The proceedings had been brought by receiver Mr George Maloney, who was attempting to take possession of and sell lands owned by Paul O'Shea in Castledermott, Co. Kildare, to satisfy a €1.29 million judgment from Danske Bank. Maloney had obtained injunctions restraining O'Shea and others from interfering with his work as receiver. Gilroy and Murphy were alleged to have interfered with Maloney's attempts to secure the property. The judge, following an application by Maloney's lawyers, decided not to continue the contempt action, citing the alleged contempt as historical, the lack of recent incidents, and the receiver's need to "pick and choose his battles." No order was made on legal costs, and Gilroy was allowed to claim travel expenses to the Four Courts. The case was therefore dismissed.
A widow from Ballyhaunis, County Mayo, has settled her High Court damages action for €500,000 following the death of her husband at Galway Sportsgrounds. Dolores Byrne sued her late husband Declan's employer, CDM Steel Ltd, and the Connacht and Irish Rugby Football Unions after he was fatally injured on the site in April 2008. Mr Byrne, a steel fabricator, died when a steel girder fell and struck him while he was realigning it as part of gym construction works. Mrs Byrne had alleged the defendants failed to provide a safe workplace and adequate safety equipment. The defendants denied liability, with CDM Steel claiming Mr Byrne's own negligence caused the accident. Mr Justice Kevin Cross approved the settlement at the High Court on Wednesday, describing it as a very good outcome. The case against another defendant, Portant Developments Ltd, has been struck out.
At the High Court on 20 January 2016, Mr Justice Paul Gilligan granted an injunction to the owners of the former Neary's Hotel, now called the Barricade Inn, requiring all occupants to vacate the premises within 14 days. The injunction was sought by Mary Bergin, executrix of the late owner Ellen McGuill, and Vandelure Ltd, the freehold holder. The property, vacant since McGuill's death in 2002, had been used as a café and social club since March 2015. The court was informed that Vandelure had appointed two new directors, resolving earlier concerns about the company's ability to seek the injunction. Mr James Cleaver, the sole person to appear, consented to the injunction on the condition of a two‑week stay and no costs order. The injunction compels Cleaver and all others to leave, hand over possession, remove belongings, and prohibits re‑entry until the full action is heard.
In a High Court hearing on 19 January 2016, the HSE apologised to the family of an elderly woman with dementia for failing to communicate a care plan devised by a multidisciplinary team. The plan, which involved comfort feeding, had not been shared with her GP or the nursing home, and the woman had been discharged from hospital to the nursing home with only a discharge summary. The judge described the breakdown as substandard and regrettable, noting that the woman had recently lost the ability to swallow after a stroke and had been hospitalised with aspirational pneumonia. The HSE accepted that it had not informed the Office of Wards of Court about her health. The judge adjourned the matter to Friday, hoping the parties would agree on the woman's ongoing treatment and that any remaining difficulties would be resolved.
A High Court judge presiding over the Special Criminal Court has expressed growing scepticism regarding the establishment of a second such court, which the Government announced in October 2015. Mr Justice Paul Butler made the remarks during proceedings concerning two brothers from Claremorris, County Mayo. Colin Mannion, aged 33, and Brian Mannion, aged 31, both of Burriscarra, Clogher, face charges of membership of an unlawful organisation, namely the IRA, on 9 June 2012. They are also charged with unlawful possession of explosive substances and related components discovered at their home on the same date. The second court was proposed to address a significant backlog in the existing court's caseload. Mr Justice Butler indicated he remained doubtful that a trial date would be fixed at the next mention, scheduled for 26 January 2016.
The High Court adjourned a dispute over possession of McElhinneys of Athboy. Bank of Ireland appointed receiver Barry Forrest had sought possession of three Sweeney family‑owned premises—McElhinney's Department Store, McElhinney's Bridal Shop and Guinans—after the owners failed to repay €2.34 million. In September, the court adjourned Forrest's application to commit the Sweenys to prison for allegedly not complying with an agreement to hand over the properties. Two properties were handed over, but Forrest could not secure the department store and sought committals. Dr Michael Grimes, who claims his UK‑registered company, also named McElhinney Fashions Limited, is the sole owner and operator of the store, argues he has possession and seeks injunctions against the bank and Forrest. The judge set the matter back to Thursday next week to allow motions from the receiver and Dr Grimes. The case remains pending.
The family of Seamus Ludlow, a 47‑year‑old forester from Co. Louth who was shot dead on 1 May 1976, has filed a High Court action demanding that the State set up a commission of investigation into his murder. Ludlow's body was found near his home in Culfore, Dundalk, and no one has ever been charged. The family says the Gardaí investigation was suspended after three weeks, that the police failed to follow up on information from the RUC about loyalist suspects, and that the Gardaí allegedly spread a smear campaign blaming the IRA. They allege possible involvement of British Army or UK state agents, citing the kidnapping of Ludlow's brother‑in‑law and questioning by a SAS officer. An Oireachtas committee in 2006 recommended a formal inquiry; the family argues the State's refusal to establish a commission breaches their constitutional rights and the European Convention on Human Rights.
A 49‑year‑old Nigerian woman, Aisha Ahmed, also known as Gloria Anwulika Aro, was arrested in 2014 in Dublin under a European Arrest Warrant issued by Italy. The warrant accuses her of being a promoter, leader and organiser in an association that imported, sold, distributed and traded large quantities of cocaine in Italy between 1999 and 2000. She was given a 22‑year sentence in 2005, later reduced to 20 years. The High Court adjourned the extradition ruling for three weeks, with the next hearing set for February 8, and she remains on continuing bail.
The High Court adjourned the extradition hearing of James Anthony Oliver Albert Corry, 46, until 22 February. Corry was arrested in Killorglin, Co Kerry, last October under a European Arrest Warrant issued by German authorities. He is suspected of taking part in a 1996 Provisional IRA mortar attack on a British army barracks in Osnabruck, Germany, where three mortar shells were fired. Counsel for the Minister of Justice said an inquiry had been made to determine whether Irish and German authorities had communicated about the case. Corry remains remanded on continuing bail.
Judgement has been reserved in an appeal brought by the Motor Insurers Bureau of Ireland (MIBI) against a High Court finding that it is liable for outstanding claims following the 2014 collapse of Setanta Insurance. The MIBI, acting as appellant, argues it should not be required to pay out claims against persons insured with Setanta at the time of its liquidation and seeks to have Mr Justice John Hedigan's decision set aside. The Insurance Compensation Fund, represented by the Law Society as applicant, opposed the appeal, contending that MIBI agreements since the 1950s envisaged liability for member insolvency. The case, heard by Mr Justice Sean Ryan, Ms Justice Mary Finlay Geoghegan, and Mr Justice Gerard Hogan, concluded on Thursday after submissions. Mr Justice Ryan noted the court appreciated the urgency and would deliver its decision as soon as possible. The High Court had previously determined that the MIBI, rather than the Insurance Compensation Fund, was liable for approximately 1,750 remaining claims. The MIBI alleges the High Court decision creates significant difficulties, effectively making it a co-guarantor for rival firms without access to pre-insolvency information. The matter was initially brought by the Accountant of the Courts of Justice, who remains neutral, with the Law Society directed to act as claimant. The appeal concerns the allocation of liability for uninsured driver claims and has implications for motor insurance premiums.
An appeal by the Motor Insurers Bureau of Ireland (MIBI) against a High Court ruling that it must pay out on outstanding claims following the collapse of Setanta Insurance Company in 2014 has opened before the Court of Appeal. The MIBI is appealing Mr Justice John Hedigan's finding that it was liable to pay out in respect of claims against persons who were insured with Setanta at the time of its liquidation. The case has important implications for motor insurance premia as well as parties involved in claims concerning Setanta. Following Setanta's liquidation, approximately 1,750 claims by and against Setanta policyholders remained in existence. The High Court was asked to determine whether the MIBI or the Insurance Compensation Fund were liable for the claims. Paul Gallagher SC for the MIBI said the case raised a very important issue concerning the liabilities arising from the insolvency of one of its members. Counsel argued that the High Court's interpretation of a sub-clause in the MIBI Agreement was 'too narrow' and that the judgment should be set aside. The appeal is opposed by the Law Society. The appeal before the President of the Court of Appeal, Mr Justice Sean Ryan, Ms Justice Mary Finlay Geoghegan, and Mr Justice Gerard Hogan continues.
Julian Myerscough, 52, of Bolton, England, is scheduled for an extradition hearing in Ireland on February 25. He is wanted in England on child pornography charges. Myerscough was detained by Gardaí on October 2 after an arrest warrant was issued by UK authorities following his escape from Ipswich Crown Court on September 30. He had previously been convicted in 2010 for making and possessing indecent images of children and received a 15‑month sentence. The extradition hearing is expected to last about one hour.
In 2016 the Supreme Court considered whether a single incident of misconduct by an arbitrator could justify the parties losing confidence in him. The case involved Fayleigh and Plazaway, who had a ten‑year hotel‑management contract that included a clause allowing Fayleigh to terminate the contract for a one‑year fee. In 2008 Plazaway stopped providing management services but continued with shared services, leading to a dispute over the timing and nature of the termination. The contract provided for arbitration, and hearings began in 2011. During the third day of hearings, Fayleigh sought to submit 17 volumes of discovered documents; Plazaway objected and the arbitrator, concerned about cost, decided to read the volumes later. In 2013 the arbitrator delivered a determination in favour of Plazaway for €476,000 without having read the documents, which Fayleigh challenged as misconduct. The High Court found misconduct, set aside part of the award and returned the dispute to the arbitrator.
In a High Court hearing on 21 December 2015, Mr Justice Richard Humphreys recommended that the Child and Family Agency allow a young couple to spend Christmas Day with their newborn baby who is currently in care. The couple, who are not Irish and had recently moved to the country, had their infant taken into care by Tusla after information was passed from social services in their home country. They argue that the interim care orders issued by the District Court breach their rights and seek to have them quashed. Mr Justice Humphreys granted the couple permission to bring judicial review proceedings against Tusla on an ex‑parte basis. He made a non‑binding recommendation that the agency facilitate a visit so the couple could be with their child on Christmas Day, and urged them to obtain legal representation. The matter is scheduled to return before the High Court in January.
A French woman, who cannot be identified for legal reasons, was granted bail at the High Court in Dublin while facing an extradition application. She was arrested last week by gardai on foot of a European arrest warrant issued in France for allegedly abducting her 16-year-old son. TDs Mick Wallace and Clare Daly were present at the hearing. The State objected to the bail application, and Sergeant James Kirwan expressed serious concerns that the woman posed a flight risk. The woman is expected to contest the extradition application. Ms Justice Aileen Donnelly offered two alternatives for securing bail: either her own bond of €75,000 or her own bond of €100 plus an independent surety of €75,000. The judge remanded the woman in custody, with consent to bail, until January 11th next year. The matter remains at the charge or pretrial stage, with no final determination on the extradition request yet made.
In a High Court ruling on 18 December 2015, the liquidator of the closed Dublin‑based Irish Business School (IBS) obtained orders to examine three men—Fakir Hossain, Golam Shohan, and Mehedi Hasan—about the school's affairs. The liquidator, Declan De Lacy, argued that the men were suspected of holding company records and that the school's books and bank statements were missing. Hossain, owner of Irish Education Business and Research Ltd, denied any management role; Shohan, a part‑time bookkeeper, and Hasan, a marketing manager, also denied involvement. The court found the orders necessary for the winding‑up, noting that the men could provide information on the trade, dealings and affairs of IBS. The judge scheduled a further hearing for January to allow both sides to consider the judgment. The decision was made by Mr Justice David Keane.
Roy Keane brought a legal action against Paddy Power over a billboard that used his image as William Wallace in a mock‑up of the film 'Braveheart'. The billboard, displayed on a 40‑ft truck around Dublin before the Ireland‑Scotland Euro 2016 qualifier, featured a line from the film and a crude reference to the 2014 Scottish Independence Referendum. Keane claimed the use of his likeness without consent breached his constitutional rights and misrepresented him, arguing the advert implied a connection between him and the bookmaker. The case was pending before the Commercial Court of the High Court. Mr Justice Brian McGovern announced that the dispute had been resolved to the satisfaction of both parties and could be struck out, with the settlement terms remaining confidential. No further details were disclosed.
During a ceremony at the Four Courts on 18 December 2015, Attorney General Máire Whelan urged a review of Ireland's defamation laws to better protect court reporters. She said that court reporters perform an "important public service" by delivering court proceedings to the public, a duty enshrined in Article 34.1 of the Constitution. Whelan warned that a simple oversight, omission or error in reporting could expose reporters to litigation or damage claims, threatening their livelihood. She called for a legal provision that would make a court‑reporting statement actionable in defamation only if malice could be proven, and suggested that plaintiffs seeking to sue over such reports should first obtain leave of the courts and demonstrate bad faith in sworn documents. The remarks were made in tribute to the retiring High Court judge, Mr Justice Nicholas Kearns, who had supported reporters and journalists throughout his career.
Businessman and anti-eviction activist Jerry Beades has launched a legal challenge in the Central Office of the High Court against the Government's decision to nominate Mr Justice Peter Kelly as the next President of the High Court. The applicant alleges that the judge is not suitable for the role. The action is directed against Ireland, the Attorney General, the Judicial Appointments Advisory Board, and the Minister for Justice and Equality, while Mr Justice Kelly is not a party to the proceedings. Beades seeks various High Court orders and declarations arising from the intended appointment. It remains unknown whether he will seek an injunction to prevent Mr Justice Kelly from assuming the position. Mr Justice Kelly, who previously presided over the Commercial Court before his appointment to the Court of Appeal, was nominated by the Government on Tuesday and is scheduled to formally take up the post early next week. He is due to succeed Mr Justice Nicholas Kearns, who will sit for the final time as a judge of the superior courts on Friday. The matter is currently at the appeal stage, and no finalisation, plea, finding, or sentence has been recorded for the applicant.
An Irishman, Eric Eoin Marques, 30, was ordered by the High Court to be extradited to the United States after the State sought to surrender him for charges of conspiring to distribute and advertise child pornography. Marques, who lives in Dublin, is alleged to own and administer the anonymous hosting site Freedom Hosting, which hosts over a hundred sites with violent child‑pornographic images. The extradition was delayed for at least 15 days to allow Marques to appeal the decision not to prosecute him in Ireland. Justice Aileen Donnelly rejected a judicial review application that argued Marques should be tried in Ireland, stating the Director of Public Prosecutions has no duty to give reasons for its decisions. Marques has both Irish and U.S. citizenship and is diagnosed with Asperger's syndrome, a fact raised by his counsel as a potential risk if extradited. The U.S. authorities claim they can provide appropriate care for him if he is extradited.
In a High Court case, a hospital sought an injunction to compel a male patient with a serious medical condition to leave the facility after his treatment programme had ended. The hospital argued that the patient had refused to leave and that arrangements had failed to secure his transfer to another medical centre. The court, hearing the application ex‑parte, struck out the proceedings. It was reported that the patient had reached an agreement with the hospital and was ready to depart. The judge also ordered that neither the patient nor the hospital be named in media reports. The hospital maintained that it had exhausted all options and that the patient's treatment was complete, citing a long waiting list for beds at the facility. The case was scheduled before Mr Justice Paul Gilligan but was dismissed before a hearing.
In a High Court hearing on 14 December 2015, the court considered the case of a car seized by the Criminal Assets Bureau (CAB) from the property of 23‑year‑old Michael Wall, an unemployed father of two. The vehicle, valued at €13,000, was taken from Mr Wall's mother's house on 16 September 2014 and stored at a CAB compound in Blanchardstown. Two days after the car was secured, CAB officers discovered it had been stolen. The Gardai subsequently recovered the vehicle a few days later, and it has since been repaired at a cost of €1,500 and is now stored at a secure location. Mr Justice Raymond Fullam, hearing the case, was satisfied that the car was the proceeds of crime and made an order under the 1996 Proceeds of Crime Act, appointing a receiver over the car.
In a High Court hearing, Jeremiah Healy SC represented LS Catering, a company linked to Lorraine Sweeney, and alleged that OCS Operations, the former operators of Clerys, ran a payment system that effectively functioned as a Ponzi scheme. Healy argued that all sales receipts, including those of concession holders, were deposited into a single bank account and that OCS used the proceeds from concession sales for its own purposes, paying concession holders only from the previous month's sales. The court considered that OCS had been losing money and lacked sufficient funds to meet its obligations, with an estimated €1.4 million owed to 50 concession holders. Judge Donald Binchy granted directions to release €654,000 to concession holders for the period 4–12 June, while the status of May sales remained unresolved. LS Catering was also permitted to sue OCS for breach of trust.
In a High Court hearing on 10 December 2015, a male patient who has been in a hospital treatment programme for several months refused to leave the facility. The hospital applied for an injunction to compel the patient to move to another hospital. Mr Justice Paul Gilligan granted the hospital lawyers permission to serve short‑notice injunction proceedings on the patient, but the application was made ex‑parte. The judge also ordered that neither the patient nor the hospital be named in media reports. He said the court would review the order when the matter returned on Monday with the patient or his legal representatives present. The hospital's counsel, Simon Mills Bl, argued that the patient had not honoured a prior contract that required him to leave after completing his treatment programme, and that the patient's refusal to move had caused a backlog of patients awaiting beds. The Gardai were called but the patient remained in the hospital.
A dispute over a Wedgwood fruit bowl, previously described as part of a Queen Victoria‑commissioned dinner service, has been remitted from the High Court to the Circuit Court because it is unclear whether money was ever paid for the item. The bowl was bought by Mary Elsie Carroll in the post‑war years in England and later sold by her brother, Michael Carroll, for an alleged £100,000. Marie Ryan, the executrix of Carroll's estate, has sought orders to restrain any dissipation of proceeds from the sale. Both parties consented to the case being heard in the Circuit Court, and Mr Justice Paul Gilligan remitted the matter to the Midland Circuit Court, noting that all parties are from Athlone. The case now proceeds in the Circuit Court, with the question of payment remaining unresolved.
In a High Court hearing set for December 15, Fine Gael TD John Perry challenges the party's handling of the October 16 selection convention for the Sligo‑Leitrim constituency. Perry, who was not chosen to stand, seeks orders against Fine Gael trustees, alleging the convention's outcome was unlawful and fundamentally flawed. He claims serious irregularities, including members recorded as present and voting when they were absent, members whose votes were not recorded, and two previously unknown members added to the voting list. Perry also cites cases where members were recorded as voting despite not attending, and others who claimed to have voted but were not recorded. He argues the party failed to act because he did not lodge a complaint on the night to the returning officer. Fine Gael opposes the application, and both sides have agreed to a pre‑trial exchange of expert evidence summaries to expedite the hearing.
In a High Court hearing, developer Thomas McFeely, aged 67, was accused by Official Assignee Chris Lehane of refusing to provide basic information required under his bankruptcy proceedings, including his actual residence and details of significant assets. Lehane sought to extend McFeely's bankruptcy period by five years, the maximum allowed, citing McFeely's alleged "non‑co‑operation of the most serious kind" and failure to disclose assets such as apartments in Clondalkin and the Old Saw Mills in Dublin. McFeely's counsel, Vincent P. Martin, argued that the requested extension would be oppressive and disproportionate, noting that McFeely had not been found to have stolen from the estate. The case was adjourned to a January hearing for further submissions from both parties. The judge, Ms Justice Caroline Costello, had not yet ruled on the application. The proceedings remain ongoing.
A GAA coach has brought a High Court appeal challenging a 2013 finding by the Child and Family Agency (CFA) that he poses a risk to children. The appellant, who cannot be identified for legal reasons, denies the alleged sexual abuse of a girl between 1979 and 1989, when she was aged between 6 and 16. Counsel stated that no prosecution was brought arising from the complaint, which was investigated by a social worker. The CFA subsequently made a finding that the man is a risk to children and that third parties should be informed. The appellant argues the investigation was fundamentally flawed, noting the social worker never interviewed the complainant and that full disclosure was not provided. He seeks orders quashing the 2013 finding and preventing further investigation. During the ex-parte application before Mr Justice Richard Humphreys, the judge remarked it was "a bit odd" that the man remained coaching youngsters after the finding. The appellant gave an undertaking to cease coaching until the proceedings are heard. The application for permission to bring the challenge was adjourned to a date later this month, when it is to be heard in the presence of lawyers for the CFA.
The parents of an early-teen boy with autism have initiated High Court proceedings against the Minister for Transport, the National Council for Special Education, and the School Transport Appeals Board. The family challenges a decision disallowing their application for free school transport under the Special Transport Scheme for Children with Special Education Needs Arising from a Diagnosed Disability. They argue the boy attends the nearest school capable of meeting his specific educational needs, a position supported by a Senior Clinical Psychologist with the HSE and the school principal. The application and subsequent appeal were refused last October on the basis that the school was not the geographically nearest, and the family was offered concessionary transport costing €350 per year. The parents contend the respondent's interpretation of the scheme is incorrect and contrary to law, seeking an order quashing the refusal and declarations that eligibility requires individual consideration of a child's requirements rather than mere proximity. The parties cannot be identified for legal reasons. Mr Justice Richard Humphreys granted permission to bring the challenge on an ex-parte basis. The matter was adjourned and made returnable to a date in January.
The mother of an Irish‑born child with a genetic disorder has filed a High Court action against the Minister for Social Protection, challenging the Minister's refusal to pay child benefit on the grounds that she lacks a right to reside in Ireland. The mother, who is Nigerian, and her daughter are living in direct provision accommodation. The child requires ongoing medical treatment, and the mother receives €43 per week plus food and accommodation, making it difficult to meet the child's needs. The mother's father, a Nigerian‑born Irish citizen, occasionally visits and gives small sums of money. In her sworn statement, the mother expressed confusion over the child's treatment. Counsel argues that the child has a right to reside in Ireland and that the refusal contravenes EU law and the best interests of the child. The action seeks to quash the Minister's decision and declare the relevant provisions of the 2005 Social Welfare Consolidation Act unconstitutional.
Crean Solutions Ltd, which operates the online car parts retailer MicksGarage.com, brought proceedings before the High Court alleging that fraudulent documents have been lodged with the Companies Registration Office by an unknown third party. The company, established in County Mayo twelve years ago and now based in Dublin, claimed the filings purported to appoint an unknown person as a director, remove an existing director, and alter the registered address. Counsel for the company told Mr Justice Paul Gilligan the filings appeared designed to misrepresent an unknown party as the legitimate company. The firm has also reported receiving an unsolicited invoice for goods it did not purchase. An investigation by An Garda Síochána is underway. The company sought High Court orders directing the Registrar of Companies to remove the filings. Mr Justice Gilligan granted liberty to serve short notice on the Registrar and adjourned the matter to later in December.
Environmental activist Peter Sweetman has successfully challenged Donegal County Council's decision to permit construction works at wind farm sites during April to July. Mr Justice Nicholas Kearns quashed the council's December 2014 decision at the High Court on Tuesday, ruling in favour of Mr Sweetman's application. The decision concerned proposed extensions at Meenadeen and Croaghnameal wind farm sites. Mr Sweetman argued the council lacked jurisdiction to amend conditions originally imposed by An Bord Pleanála in 2006, which restricted summer construction to protect natural and visual amenities. He contended the council failed to provide reasons for its decision and did not carry out required environmental impact assessments before granting permission. Windgeneration Ireland Ltd, which had sought the permission to conduct summer works, was a notice party to proceedings. The council consented to the order being made.
42‑year‑old Declan Doyle of Crumlin, Dublin, has filed a High Court application to stop a robbery charge alleged to have been committed in 1999. Doyle, who says he was addicted to drugs at the time and that his life was "quite disordered," claims the prosecution is unreasonable and disproportionate after 16 years. He argues that the delay has infringed his constitutional rights and that he has led a law‑abiding life for the past 16 years. Doyle, who has been drug‑free since 2000 after a rehabilitation programme in Athlone, has already turned himself in to Gardaí and was granted bail. The court, presided over by Mr Justice Richard Humphreys, adjourned the application for two weeks. Doyle seeks an order preventing the Director of Public Prosecutions from prosecuting him for the alleged robbery. The case remains at the application stage.
The extradition case of James Anthony Oliver Albert Corry, 46, suspected of involvement in a 1996 Provisional IRA mortar attack on a British army barracks in Osnabruck, Germany, was adjourned by Justice Aileen Donnelly until 11 January. Corry was arrested in Killorglin, Co Kerry, on a European Arrest Warrant issued by German authorities. His counsel, Anne‑Marie Lawlor BL, requested time to submit affidavits focusing on Corry's personal circumstances, while Minister for Justice Ronan Kennedy BL asked for time to review the grounds advanced. Corry remains remanded on continuing bail.
The family of an infant who died two days after birth at Cavan General Hospital have settled their action against the HSE for €70,000 in the High Court. Francis Flynn and Fiona Watters, from Navan in Co Meath, had sued the health service for mental distress and shock following the death of their son Jamie in November 2012. The infant was delivered by caesarian section but presented with no heartbeat or breath reflex upon delivery. Despite resuscitation efforts and transfer to intensive care at the Rotunda Hospital in Dublin, Jamie died two days later. The HSE admitted liability in July 2014. Mr Justice Richard Humphreys approved the settlement on Monday, directing that €5,000 of the award be paid into court for the benefit of the couple's daughter. An inquest into Jamie's death previously returned a verdict of medical misadventure.
A High Court judge has dismissed an action by senior HSE executive Helen Earley challenging her temporary reassignment during investigations into mental health services in County Roscommon. Mr Justice Tony O'Connor ruled that the HSE was entitled to temporarily redeploy Ms Earley, Area Director of Nursing for the Galway/Roscommon Mental Health Service, while reviews were conducted into allegations of sexual abuse and alleged failures of reporting at HSE mental health facilities in the county. Ms Earley had sought to remain in her position, fearing reputational damage. The judge found no evidence of bad faith or conspiracy and rejected her claim that the transfer was motivated by union concerns. However, Mr Justice O'Connor stated that mental health services in Roscommon are "in a crisis situation," citing reports of poor governance, significant relationship difficulties, and dysfunctional provision of care. He was critical of Ms Earley's conduct following notification of the reassignment, describing her as overly focused on asserting her rights while neglecting her responsibility for good governance during a time of serious service concerns.
Gerry Walshe, an electrician from Lisdeen, Co Clare, has sought leave from the Supreme Court to appeal the High Court's rejection of his latest challenge to the same‑sex marriage referendum result. Walshe had previously applied for a judicial review of the returning officer's decision to issue the final referendum certificate, arguing that the certificate was signed while he still had time to appeal to the Supreme Court. The High Court, presided over by Ms Justice Margaret Heneghan, dismissed his application on 23 September. Walshe then appeared before the judge to request copies of the digital audio recording and transcript of the case, claiming the Supreme Court requires either a written judgment or these documents to consider his appeal. The judge granted the order for the recording and transcript, noting no written judgment existed, and required Walshe to undertake payment for the transcript, estimated at €280, but made no cost order.
Five nursing staff members at Aras Attracta residential unit in Swinford, County Mayo, have initiated High Court proceedings challenging an investigation and disciplinary process conducted by the Health Services Executive. The staff members contend that the investigation, which followed a 2014 RTÉ Prime Time Investigates broadcast concerning allegations of abuse at the HSE-run facility, is procedurally flawed and breaches fair procedures. They argue the inquiry commenced before any complaints against them were formally upheld under the HSE's Trust in Care Policy, and that the investigation panel was not agreed upon by all parties beforehand. The applicants fear the investigation outcomes have been predetermined. They seek injunctions to prevent their dismissal and to halt the investigation unless complaints are properly upheld, along with declarations that the process breaches HSE policy and is null. They also demand that any disciplinary procedure comply with their contractual rights and principles of natural justice. Mr Justice Paul Gilligan granted permission to serve short notice on the HSE on an ex-parte basis and adjourned the matter for one week.
Julian Myerscough, a 52‑year‑old man from Bolton, England, was arrested by Irish gardai on 2 October after a UK arrest warrant and a European extradition warrant were issued. He had previously been convicted in 2010 at Ipswich Crown Court of making and possessing indecent images of children, receiving a 15‑month sentence. In September 2015 he appeared at the same court on similar charges but absconded before conviction. After his escape, Irish authorities, working with Suffolk Police and the National Crime Agency, located him on a ferry from Holyhead to Dublin and apprehended him at a city‑centre hotel. He was remanded in custody until 8 December. At the High Court on 24 November, the case was adjourned for two weeks to allow the State and Mr Myerscough's representatives to review relevant documents. Kenny Kerins BL, speaking for Kieran Kelly BL, confirmed receipt of the documents.
In a High Court hearing on 20 November 2015, Persona Digital Telephony and Sigma Wireless Networks sought permission to bring a claim against Denis O'Brien, Michael Lowry and the Irish State using funds from the British litigation funder Harbour Litigation Funding. The claim alleges that O'Brien's Esat Digifone consortium secured a 1996 mobile phone licence by bribing then‑Minister for Communications Michael Lowry, a claim denied by O'Brien. The court was asked to allow third‑party funding, which is prohibited in Ireland under champerty law. Paul O'Higgins SC, representing O'Brien, argued that permitting such funding would breach the law and that the constitutional right to access courts does not override champerty statutes. Niall Buckley BL, for Lowry, warned that third‑party funding could undermine court cost controls. Judge Aileen Donnelly did not set a decision date, stating she would reserve judgment.
A family‑run jeweller, Des Byrne Jewellers, closed its Dublin shop after a dispute with Danske Bank over a 2006 loan. The Byrnes, who owned the premises at 26 Bachelors Walk, claimed the bank's receivers sold the property for €502,000, about 55% of its market value, and that the bank was seeking judgment for €489,000 still owed. The Byrnes argued the loan terms were misrepresented by the bank's relationship manager and that they had consented to sell the property to discharge the debt. The case was heard by the Master of the High Court, Mr Edmund Honohan, who scheduled a hearing before a High Court judge for the following year. The business closed its doors on the evening of the hearing, citing the legal dispute as the reason for its final shutdown.
A dispute over Shane Long's transfer from Reading FC to West Bromwich Albion has been brought before the High Court by Mr Alan O'Mahony. O'Mahony claims he acquired a 10% interest in Long's earlier 2005 transfer from Cork City FC to Reading FC, which should entitle him to a share of the £5.1 million fee paid by West Bromwich Albion in 2011. He alleges that the liquidator of Cork City Investments, Mr Carl Dillon, sold the benefit of Long's contract to Reading FC in 2010, thereby depriving him of the contractual benefit. O'Mahony seeks damages for alleged negligence, breach of duty and breach of contract, and requests declarations that he is entitled to the benefit and that the sale to Reading is void. The case is ongoing; a pre‑trial motion was adjourned to allow document exchange. The action does not involve Shane Long, who is currently playing for Southampton FC.
In a High Court hearing on 19 November 2015, Ms Justice Aileen Donnelly considered whether Harbour Litigation Funding, an English company, could finance Persona Digital Telephony and Sigma Wireless Networks in a claim against Denis O'Brien, Michael Lowry and the Irish State. Harbour would receive a share of any proceeds if Persona succeeded. Persona alleged that O'Brien's Esat Digifone consortium secured a 1996 mobile‑phone licence by bribing then‑Minister Michael Lowry, a claim denied by Lowry. The case was brought against Lowry and the State, with O'Brien joined last year. The court was asked to decide if the funding arrangement contravened the ancient champerty law, retained in Irish statute since 2007. Michael Collins SC argued the law was obsolete, while John O'Donnell SC, on behalf of the State, maintained that the law remains valid, was deliberately preserved, and that any reinterpretation would breach separation of powers. O'Donnell also warned that Harbour's role could unduly influence settlement decisions.
In a High Court hearing on 18 November 2015, Justice Aileen Donnelly considered an application for approval of a third‑party funding agreement in a claim against Denis O'Brien, Michael Lowry and the Irish State. The claim alleges that Esat Digifone, O'Brien's consortium, won the 1996 mobile‑phone licence competition by bribing Minister Michael Lowry, a claim denied by O'Brien. The funding comes from the British company Persona Digital Telephony, which is financed by Harbour Litigation Funding. The case is the first time the issue of third‑party funding has been brought directly before Irish courts. The parties argue that the champerty law, dating from the 1600s, is outdated and that the Constitution guarantees access to the courts. Mr Collins, acting for Persona, urged the court to reinterpret champerty under contemporary public policy, while the State has criticised the funding arrangement. The matter was scheduled to continue the following day.
In a High Court hearing on 17 November 2015, Justice Aileen Donnelly considered a letter sent to her by a US inmate warning about conditions for mentally‑ill prisoners. The letter was introduced in the case of Eric Eoin Marques, a 30‑year‑old Dublin resident alleged by the FBI to run the anonymous hosting site Freedom Hosting and charged with conspiring to distribute and advertise child pornography. Donnelly ruled the letter irrelevant, allowing counsel to submit arguments, and the prosecution and defence agreed with that decision.
Ulster Bank secured a temporary freezing order against Mr Haris Shaikh, who had previously lived in Clonsilla, Dublin, after an accidental €250,000 deposit was made into his mortgage account by a third party. The bank claims Shaikh owes it just over €250,000 from a mortgage he had taken out in 2005 for a property at Lime Lawn Glade, Clonsilla. In 2014 Shaikh decided to sell the property, and the bank believed the mortgage balance had been reduced to €57,000 after the accidental deposit, which it thought had been paid off when the property sold for about €325,000. The remaining sale proceeds were lodged in Shaikh's solicitor's client account, and the bank considered the mortgage redeemed. The High Court granted a Mareva injunction, preventing Shaikh, his agents or anyone acting on his behalf from dissipating, reducing or removing from the State any funds or assets below €251,000.
A woman from Claremorris, County Mayo, has settled her High Court action against her former employer and an insurance company over disputed income protection payments. Rose Prendergast ceased work at Baxter Healthcare's Castlebar facility in 2002 following a diagnosis of Fibromyalgia, a condition causing chronic widespread pain. Her employment was terminated by mutual agreement in 2008. She subsequently applied for benefits under a group income protection plan underwritten by Irish Life Insurance, but her claim was refused. Mrs Prendergast pursued legal proceedings seeking specific performance of the income protection plan, damages for breach of contract, and damages for alleged misrepresentation. Both defendants denied the claims. The settlement was reached on the third day of the High Court hearing before Mr Justice Donald Binchy. Terms of the settlement remain confidential and were not disclosed in open court.